The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial WatersFulton, Thomas Wemyss
History
The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters
Fulton, Thomas Wemyss
Fisheries -- Great Britain; Great Britain. Royal Navy -- History; Sea-power; Territorial waters -- Great Britain -- History
There was good reason for the king’s eulogy of Selden’s treatise. From
the point of view of his policy nothing that the pen can do could have
been better done. It is an elaborate and masterly exposition of the
case for the sovereignty of the crown of England in the British seas,
which throws into the shade all the other numerous works which were
written on that side of the question. One of the most eminent lawyers
of his time, a scholar, an antiquary, an historian, the author brought
to his task a keen intellect, an immense erudition, and the ability
of disposing his material and arguments to the best advantage. In
learning at least he far surpassed Grotius, and he was not inferior to
his illustrious contemporary in ingenuity of reasoning. It was Selden’s
misfortune that the cause he championed was moribund, and opposed
to the growing spirit of freedom throughout the world. At the same
time it must be said that, apart from its extreme doctrines as to the
sovereignty of England in the seas, it more correctly represented what
are now the admitted principles as to the appropriation of the adjacent
sea than did most of the works written on the other side, not excepting
even those of Grotius.
But in relation to the cause for which it was written, the merit of
_Mare Clausum_ lay not merely in the enunciation of the theoretical and
legal aspects of the claim to maritime sovereignty, but also in the
imposing array of historical facts and arguments by which the right
of England was sought to be established. The defects of the work are
scarcely less apparent. There is no ground to suppose that Selden was
guilty of the offence attributed to him by some of his foreign critics,
of inventing part of the evidence he cites. But the interpretation he
placed upon much of it was strained or erroneous. Great conclusions
were drawn from things which had in reality no connection with his
case; laws and events which referred solely to English subjects were
improperly extended to include foreigners; the bearing of many records
was misrepresented, others were passed over in silence, or, as with
the “Burgundy” treaties, referred to in such a way as to distort their
plain meaning.
Public-domain text, read in full here on John Shaqi.
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